Re: Tyramide amplification

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From:Barbara Wright <>
To:"J. A. Kiernan" <>
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On the topic of patent infringement:

Biogenex has the patent to do microwave antigen retrieval.  Does that stop all of us
from using the microwave to do antigen retrieval with other reagents that Biogenex
doesn't sell.  Many companies now a days have patents for dna sequences that they
find through a SST program.  But that doesn't say that another company can use that
molecule in some other form to create an antibody or a biotherapeutic.  The patent
only states that they have the patented the technology and no one else can use that
technology to produce products for retail purposes without a license to do so. Does
not state that we can not find a way to make our own product (antibody or biotinyl
tyramide) to use in our own settings.  I have used NEN tryamide now for the last
three years and this recent email might change my mind about ordering any more
products from them!!!!

"J. A. Kiernan" wrote:

> On Tue, 16 May 2000, Sherring, Yoshika wrote:
> > I understand that there are publications stating how to make your own tyramide.
> > ... these publications are infringing upon NEN's patents ...
>   This has to be complete rot. The first publication I know of that
>   gives instructions for doing tyramine conjugation is in 1989, long
>   before the publication of histochemical applications of these
>   reagents, and surely also before anyone thought of trying to
>   patent the simple benchtop procedure. The authors of the 1989 paper
>   (which may not be the first) must have got their chemical know-how
>   from somewhere, too. The use of succinimide esters to join molecules
>   together has been common knowledge and standard practice for many
>   years. It's in the textbooks. Also, just look at any catalogue of
>   the Pierce company (just one example) during the last 25 years.
>   They have been selling all kinds of reagents (and kits) for linking
>   biotin and other compounds to amines and proteins.
>   To say that it's illegal for anyone to make tagged tyrosine is
>   equivalent to saying you can't to make your own wallpaper
>   glue out of flour and water when more expensive patented
>   adhesives are available in the shops.
>   The only effect of these aggressively protective messages will be
>   to discourage scientists from buying anything at all from NEN.
>   We'll spend our money with companies that don't threaten to sue
>   their potential customers.
>  John A. Kiernan, MB, ChB, PhD, DSc,
>  Professor, Dept of Anatomy & Cell Biology,
>  The University of Western Ontario,
>  LONDON,  Canada  N6A 5C1
>    FAX (Department): (519) 661-3936
>    E-mail:

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